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RESOLVED: That Cabinet:
 
(1)  
Considered the LGO
report.
 
(2)  
Noted the LGO recommended action compliance
information as in para 7.2 – 7.3 below.
 
(3)  
Considered the measures that the Environmental
Health Service has put / will put in place to prevent the
recurrence of the failings.
 
(4)  
Noted that the Council’s Comments, Compliments
and Complaints Policy and Procedure will be reviewed in 2025, to
potentially include remedies, and supporting guidance will be
issued for Officers.
 
RECOMMENDED TO
COUNCIL:The revisions to section 14
of the Constitution relating to LGO decisions and payments, as
detailed under section 8.5 of this report [extract as follows
deletion/amendment underlined]
 
8.5 
In terms of recommendation 2.5, the
proposed wording to amend section 14.6.5/ 14.6.13 of the
Constitution, would assist with ensuring that this matter is
discussed between the three statutory officers (Head of Paid
Service, Section 151 and Monitoring Officers), with the removal of
the settlement limit to reflect the increasing awards now being
made by the LGO. It should be noted that at the time the
compensation payment of £3,000 was made, this was not in line
with the original delegation (albeit under the Managing
Director’s general delegation to make such a payment above
£2,000, on urgency grounds, under section 14.6.5(a)(iv)).
The proposed amended wording would be:

 

14.6.5(a)(xiii) Managing Director’s
delegation, to be amended (as underlined):

“(xiii) To consider any report of the Local Government
Ombudsman and to settle any compensation payments up to
£2000 (in conjunction with the section 151 Officer and
Monitoring Officer)”

 

14.6.13 Proper Officers Schedule to be amended as (as
underlined):

“Local Government Act 1974 S.30(5) To give notice and
that copies of an Ombudsman’s report, in draft and
final  are available to the
Managing Director, and Monitoring Officer (where maladministration
identified)”
 

REASONS FOR RECOMMENDATION:

 
(1)  
Recommendations 2.1-2.4 are to cover the issues that have arisen /
linked to the LGO in its report dated 19 September 2024, titled
‘Investigation into a complaint about North Hertfordshire
District Council (reference number: 23 014 065)’, appended at
A, and in the opinion of the Monitoring Officer, are necessary
steps for the Council in this matter.

 
(2)  
Recommendation 2.5 is to recognise the wider involvement of the
statutory officers in such matters and specifically in relation to
the issue of compensation, to increase notification and
flexibility.